John Hasnas: Calling on judges to be compassionate or empathetic is in effect to ask them to undo this balance and favor the seen over the unseen. Paraphrasing Bastiat, if the difference between the bad judge and the good judge is that the bad judge focuses on the visible effects of his or her decisions while the good judge takes into account both the effects that can be seen and those that are unseen, then the compassionate, empathetic judge is very likely to be a bad judge. For this reason, let us hope that Judge Sotomayor proves to be a disappointment to her sponsor. See here. (HT: TOTM)

科斯：我被反垄断法烦透了

科斯（Ronald H. Coase）：“我被反垄断法烦透了。假如价格涨了，法官就说是‘垄断定价’；价格跌了，就说是‘掠夺定价’；价格不变，就说是‘勾结定价’”。(Ronald Coase said he had gotten tired of anti-trust because when the prices went up the judges said it was monopoly, when the prices went down they said it was predatory pricing, and when they stayed the same they said it was tacit collusion. — Source: William Landes, “The Fire of Truth: A Remembrance of Law and Econ at Chicago”, JLE (1981)) 详见这里和这里。

Becker: Financial Regulations

Gary Becker: The claim that the crisis was due to an insufficient level of regulation is not convincing. For example, commercial banks have been more regulated than most other financial institutions, yet commercial banks performed no better than other classes of financial institutions. At the other extreme, hedge funds have been the least regulated, and on the whole they did better than most others in the financial sector. One major problem with regulations is the regulators themselves. See here.

Why Bailouts and Stimulus Don’t Work

Benjamin Powell at Washington Times: America’s move to act swiftly and boldly misses the point. Bank bailouts and fiscal stimulus bills don’t work because they strive to maintain the status quo. But the status quo is the problem and exactly what needs to be corrected. The U.S. housing bubble drew too many workers and too much capital into construction and related industries. So funding public works projects to keep those companies in business is the wrong solution. See here. (HT: EconLog)